Common use of Changes Relating to Subordinated Debt Clause in Contracts

Changes Relating to Subordinated Debt. No Borrower shall, or cause or permit its Subsidiaries to, directly or indirectly, change or amend the terms of any of its Subordinated Debt if the effect of such amendment is to: (a) increase the interest rate on such Indebtedness; (b) accelerate the dates upon which payments of principal or interest are due on such Indebtedness; (c) add or make more likely any event of default or add or make more restrictive any covenant with respect to such Indebtedness; (d) add or make more onerous on any Borrower the redemption or prepayment provisions of such Indebtedness; (e) change the subordination provisions thereof (or the subordination terms of any guaranty thereof) in a manner adverse to any Borrower, Investment Manager or Lender; (f) change or amend any other term if such change or amendment would materially increase the obligations of the obligor or confer additional material rights on the holder of such Indebtedness in a manner adverse to any Borrower or Lender; or (g) increase the portion of interest payable in cash with respect to any Indebtedness for which interest is payable by the issuance of payment-in-kind notes or is permitted to accrue.

Appears in 2 contracts

Samples: Credit Agreement (MTM Technologies, Inc.), Credit Agreement (MTM Technologies, Inc.)

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Changes Relating to Subordinated Debt. No Borrower shall, or cause or permit its Subsidiaries to, directly or indirectly, change Change or amend the terms of any of its Subordinated Debt if the effect of such amendment is to: (a) increase the interest rate on such Indebtedness; (b) accelerate the dates upon which payments of principal or interest are due on such Indebtedness; (c) add or make more likely any event of default or add or make more restrictive any covenant with respect to such Indebtedness; (d) add or make more onerous on any Borrower the redemption or prepayment provisions of such Indebtedness; (e) change the subordination provisions thereof (or the subordination terms of any guaranty thereof) in a manner adverse to any Borrower, Investment Manager or Lender; (f) change or amend any other term if such change or amendment would materially increase the obligations of the obligor or confer additional material rights on the holder of such Indebtedness in a manner adverse to any Borrower or Lender; or (g) increase the portion of interest payable in cash with respect to any Indebtedness for which interest is payable by the issuance of payment-in-kind notes or is permitted to accrue.

Appears in 1 contract

Samples: Credit Agreement (Vertical Communications, Inc.)

Changes Relating to Subordinated Debt. No Borrower shall, or cause or permit its Subsidiaries to, directly or indirectly, change or amend the terms of any of its Subordinated Debt if the effect of such amendment is to: (a) increase the interest rate on such Indebtedness; (b) accelerate the dates upon which payments of principal or interest are due on such Indebtedness; (c) add or make more likely any event of default or add or make more restrictive any covenant with respect to such Indebtedness; (d) add or make more onerous on any Borrower the redemption or prepayment provisions of such Indebtedness; (e) change the subordination provisions thereof (or the subordination terms of any guaranty thereof) in a manner adverse to any Borrower, Investment Manager or Lenderany L/C Guarantor; (f) change or amend any other term if such change or amendment would materially increase the obligations of the obligor or confer additional material rights on the holder of such Indebtedness in a manner adverse to any Borrower or Lenderany L/C Guarantor; or (g) increase the portion of interest payable in cash with respect to any Indebtedness for which interest is payable by the issuance of payment-in-kind notes or is permitted to accrue.

Appears in 1 contract

Samples: Letter of Credit Commitment and Reimbursement Agreement (MTM Technologies, Inc.)

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Changes Relating to Subordinated Debt. No Neither the Borrower shall, or cause or permit nor any of its Restricted Subsidiaries to, directly or indirectly, shall change or amend the terms of any of its Subordinated Debt (or any indenture or agreement in connection therewith) if the effect of such amendment is to: (a) increase the interest rate on such IndebtednessSubordinated Debt; (b) accelerate change the dates upon which payments of principal or interest are due on such IndebtednessSubordinated Debt other than to extend such dates; (c) add change any default or make more likely any event of default or add covenant other than to delete or make more less restrictive any default or covenant provision therein, or add any covenant with respect to such IndebtednessSubordinated Debt; (d) add or make more onerous on any Borrower change the redemption or prepayment provisions of such IndebtednessSubordinated Debt other than to extend the dates therefor or to reduce the premiums payable in connection therewith; (e) change the subordination provisions thereof (grant any security, collateral or the subordination terms guaranty to secure payment of any guaranty thereof) in a manner adverse to any Borrower, Investment Manager or Lendersuch Subordinated Debt; (f) change the terms upon which such Subordinated Debt is subordinated to the Obligations or in any respect diminish the rights of the Agent and the Lenders with respect to such subordination; or (g) change or amend any other term if such change or amendment would materially increase the obligations of the obligor or confer additional material rights on to the holder of such Indebtedness Subordinated Debt in a manner adverse to the Borrower, any Borrower Restricted Subsidiary, the Agent or any Lender; or (g) increase the portion of interest payable in cash with respect to any Indebtedness for which interest is payable by the issuance of payment-in-kind notes or is permitted to accrue.

Appears in 1 contract

Samples: Credit Agreement (Radiologix Inc)

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